Rutuja Shrishailya Mitkari v. Shrishailya Suryakant Mitkari

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 MISC.CIVIL APPLICATION NO. 257 OF 2025 RUTUJA SHRISHAILYA MITKARI

VERSUS

SHRISHAILYA SURYAKANT MITKARI ...

Advocate for Applicant : Mr. Shinde Tushar Chandrakant Advocate for Respondent : Mr. Kodale Vikas G. ...

CORAM : Y.G. KHOBRAGADE, J.

DATE : 09.01.2026 PER COURT :

1.

Heard the learned Counsel appearing for the respective parties at length.

2.

By the present application, under Section 24 of the Code of Civil Procedure, the applicant wife prayed for transfer of Divorce Proceeding bearing No. A/1315 of 2025, pending on the file of learned Family Court -7, Pune, to the family Court, Latur, on the ground that she is residing within the jurisdiction of the Family Court, Latur, as she is unable to attend the said proceeding at the Family Court, Pune. Therefore, the petitioner in order to avoid her inconvenience praying for transfer of the said proceeding on the file of learned Family Court, Latur. 3.

Learned Counsel appearing for the non applicant/husband submitted that the non applicant is serving in a private Sector and he is unable to attend the Family Court, Latur on each and every date. So

also the learned counsel appearing for the non applicant submits that the the trial Court may be directed to expedite the trial. 4.

Needless to say that Section 24 of the Code of Civil Procedure, provides transfer of the proceeding from one Court to another Court having competent jurisdiction. In the case in hand, it appears that the marriage between the applicant and the non applicant was solemnized on 09.07.2024 at Latur and due to matrimonial dispute the non applicant has filed a Petition No. A/1315 of 2025, seeking decree of divorce and it is pending on the file of the learned Family Court No. 7, Pune.

5.

The applicant is residing within the jurisdiction of the family Court, Latur and she being a female & she also caused inconvenience to attend the proceeding before the learned Family Court, Pune, on each and every date.

6.

Therefore, considering the exigency, it would be just and proper to withdraw the petition bearing No. A/1315 of 2025 from the file of learned Family Court No.-7, Pune and be transferred to the learned Family Court, Latur.

7.

The order of this Court be communicated to the learned Family Court No.-7 , Pune, as well as to the learned Family Court, Latur. 8.

After the petition No. A/1315 of 2025 is received by the

Family Court, Latur, thereafter, the said proceeding may be decided expeditiously as early as possible.

9.

In view of above, the Application is allowed in terms of prayer Clause (B).

( Y.G. KHOBRAGADE, J.) mahajansb/